The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Business"means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
"City"means the city of Palm Desert and its related entities, including the Palm Desert Housing Authority.
"Common area"means every unenclosed area of a multiunit residence that residents of more than one unit of that multiunit residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas.
"Dining area"means any area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or drink.
"Electronic smoking device"means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
"Employee"means any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.
"Employer"means any person, business, entity or nonprofit entity that retains the service of one or more employees.
"Enclosed area"means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
1. Any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or
2. Four walls or other vertical boundaries that exceed six feet in height whether or not those boundaries include vents or other openings.
"Nonprofit entity"means any entity that meets the requirements of California Corporations Code Section
5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, education, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is a nonprofit entity within the meaning of this chapter.
"Person"means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
"Pharmacy"means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the
Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
"Place of employment"means any enclosed areas under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment, except for childcare facilities in private homes.
"Primary entrance"means the entrance to a building or business through which the majority of patrons enter. A building or business has only one primary entrance. Where the door into the establishment is at the end of a corridor formed by two or more vertical walls or barriers, with or without overhead cover, the primary entrance shall be deemed to be at the end of the corridor open to the exterior.
"Public place"means:
1. Any area to which the public is invited or in which the public is permitted, including, but not limited to, shopping malls, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities, public transportation facilities, and their associated parking areas. A private residence or the fairway or putting green of a golf course within a private country club is not a public place;
2. Areas measured a distance of forty feet from the entrances and exits to city-owned public places;
3. Areas measured a distance of twenty feet from the primary entrances to publicly or privately-owned commercial, industrial, institutional, or office professional buildings;
4. Unenclosed areas owned by the city, including, but not limited to, city-owned property, parks, playgrounds, restrooms, baseball and soccer fields, except the golf course area of Desert Willow, or where specific signs are posted permitting such smoking;
5. Unenclosed public events, including, but not limited to, sports events, entertainment, speaking performances, ceremonies, and fairs;
6. Hotels, except in designated areas.
"Reasonable distance"means a distance of twenty feet or, with respect to a designated smoking area or such larger area as the city manager reasonably determines in writing to be necessary in a given circumstance to ensure that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area.
"Secondary entrance"means any entrance to a building or business that is not the primary entrance. One building or business may have multiple secondary entrances.
"Secondhand smoke"means smoke from tobacco or any other weed, plant, or substance created by burning or carrying any lighted pipe, hookah, cigar, cigarette, or electronic smoking device of any kind, and the smoke exhaled by an individual who engages in smoking.
"Shopping mall"means any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated or which includes shared parking facilities.
"Smoke," or "smoking"means and includes any of the following: (1) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, plant product, or other combustible substance in any form; or (2) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device; or (3) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. Smoke also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article.
"Tobacco product"means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco product as defined in California Health and Safety Code Section
104559.5(a)(17), including, but not limited to, any product containing, made, or derived from tobacco or nicotine intended for human consumption, electronic devices that deliver nicotine or other vaporized liquids, and any component, part, or accessory of a tobacco product. Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(Ord. 462 § 1, 1986; Ord. 1007 § 1, 2001; Ord. 1154 § 1, 2008; Ord. 1200 § 3, 2009: Ord. 1443, 3/12/2026)